Appellant / Complainant
Ar Landcraft Llp
Respondent
Amitesh Kumar
ar landcraft llp
₹1,89,55,746
Respondent
Legal Issues & Claims Raised
Case Procedural History & Progression Tree
Visual step-by-step tree detailing dispute origin, interim hearings, and final tribunal ruling.
Complaint Filing & Dispute Registration
Complaint registered under Case ID 0901126025352024 by Ar Landcraft Llp against Amitesh Kumar before up_rera.
Hearing
The Tribunal has granted a request to reschedule the appeal to be heard on 21.04.2026 before Bench No. 2.
For Order
The Tribunal has scheduled the appeal for a final hearing on March 12, 2026.
for delivery of Judgment/Order
The Tribunal dismissed the developer's appeal and ruled that AR Landcraft LLP must pay delay interest to allottees, execute supplementary deeds to correct property area discrepancies, refund mandatory club fees, and face potential penalties for fraudulent practices and statutory violations.
Further Hearing
The Tribunal has reserved judgment in the matter of AR Landcraft LLP vs. Amitesh Kumar and directed both parties to file written arguments within 10 days.
Further Hearing
The Tribunal granted an adjournment to the appellant subject to a cost of Rs. 25,000/- payable to the respondent, noting previous penalties and allegations of harassment by the promoter.
Further Hearing
At the request of the appellant's counsel, the tribunal has adjourned the matter and scheduled the appeal for orders/hearing on 14.10.2025.
Hearing
The Tribunal adjourned the appeal to 16.09.2025 for further hearing and directed both parties to submit their written submissions.
Hearing
The Tribunal granted the appellant two weeks to file a rejoinder and directed the parties to exchange pleadings, scheduling the next hearing for August 11, 2025.
Hearing
The Tribunal noted the appellant's submission that the process for correcting the sublease deed is underway and adjourned the matter to 21.07.2025.
Hearing
The Tribunal granted the appellant ten days to file a rejoinder and allowed the respondent time to file objections to the appellant's affidavit, scheduling the next hearing for May 29, 2025.
Delay condonation
The Tribunal admitted the appeal and accepted the appellant's undertaking to reverse Advance Payment Rebate (APR) errors and execute a correction deed for the sub-lease deed to include the exclusive area. The Deputy Director of the Project is required to submit an affidavit confirming these undertakings.
Delay condonation
The Tribunal has adjourned the appeal to 09.04.2025 following a request from the learned counsel for the parties.
Delay condonation
The Tribunal accepted an undertaking from the appellant developer to hand over physical possession of the units to the respondents on or before 28.02.2025, after making them habitable.
Delay condonation
The Tribunal granted a final adjournment to the appellant subject to a cost of Rs. 50,000 to be paid to the respondent and directed that possession of the unit be handed over free from all encumbrances, subject to the appeal's outcome.
Delay condonation
The appellant requested and was granted time to deposit the balance amount required under Section 43(5) of the Act 2016, with the matter listed for hearing on the application for condonation of delay on 10.01.2025.
Delay condonation
The Tribunal granted a request for adjournment made by the counsel for the appellant and rescheduled the appeal for hearing on 03.12.2024.
Delay condonation
The Tribunal has scheduled the appeal for orders/hearing on 14.11.2024.
Delay condonation
The Tribunal adjourned the proceedings at the request of the respondent's counsel due to a scheduling conflict in the High Court, rescheduling the matter for hearing on 04.10.2024.
Compliance of section 43(5)
The Tribunal noted the appellant's deposit of Rs. 39,68,722/- in compliance with Section 43(5) of the Act and granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal.
Defect Removal
The Tribunal granted the Appellant 10 days to comply with Section 43(5) of the Act, warning that failure to do so will result in the dismissal of the defective appeal.
Defect Removal
The Tribunal granted the appellant a one-week extension to comply with Section 43(5) of the Act 2016 and scheduled the defective appeal for orders on 19.06.2024.
Tribunal Order #0901126025352024-12-12-2025
The Tribunal dismissed the developer's appeal and ruled that AR Landcraft LLP must pay delay interest to allottees, execute supplementary deeds to correct property area discrepancies, refund mandatory club fees, and face potential penalties for fraudulent practices and statutory violations.
Tribunal Order #0901126025352024-14-10-2025
The Tribunal granted an adjournment to the appellant subject to a cost of Rs. 25,000/- payable to the respondent, noting previous penalties and allegations of harassment by the promoter.
Tribunal Order #0901126025352024-30-01-2025
The Tribunal accepted an undertaking from the appellant developer to hand over physical possession of the units to the respondents on or before 28.02.2025, after making them habitable.
Tribunal Order #0901126025352024-03-07-2024
The Tribunal noted the appellant's deposit of Rs. 39,68,722/- in compliance with Section 43(5) of the Act and granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal.
Tribunal Order #0901126025352024-19-06-2024
The Tribunal granted the Appellant 10 days to comply with Section 43(5) of the Act, warning that failure to do so will result in the dismissal of the defective appeal.
Tribunal Order #0901126025352024-09-04-2025
The Tribunal admitted the appeal and accepted the appellant's undertaking to reverse Advance Payment Rebate (APR) errors and execute a correction deed for the sub-lease deed to include the exclusive area. The Deputy Director of the Project is required to submit an affidavit confirming these undertakings.
Tribunal Order #0901126025352024-10-01-2025
The Tribunal granted a final adjournment to the appellant subject to a cost of Rs. 50,000 to be paid to the respondent and directed that possession of the unit be handed over free from all encumbrances, subject to the appeal's outcome.
Tribunal Order #0901126025352024-03-12-2024
The appellant requested and was granted time to deposit the balance amount required under Section 43(5) of the Act 2016, with the matter listed for hearing on the application for condonation of delay on 10.01.2025.
Tribunal Disposal & Final Award Ruling
The Tribunal dismissed the developer's appeal and ruled that AR Landcraft LLP must pay delay interest to allottees, execute supplementary deeds to correct property area discrepancies, refund mandatory club fees, and face potential penalties for fraudulent practices and statutory violations. Awarded in favor of Respondent. Awarded interest rate: MCLR + 1 percent.
Final Tribunal Order & Ruling Verdict Summary
Official Ruling Summary
The Tribunal dismissed the developer's appeal and ruled that AR Landcraft LLP must pay delay interest to allottees, execute supplementary deeds to correct property area discrepancies, refund mandatory club fees, and face potential penalties for fraudulent practices and statutory violations.
Ruling Awarded To
Respondent
Awarded Interest Rate
MCLR + 1 percent
Interest Period
from 02.03.2021 till the date of handing over physical possession of the unit, except for the Covid pandemic period w.e.f. 23.03.2020 to 25.09.2020
Statutory Sections Cited (RERA Act 2016)
Appearing Legal Counsel & Advocates
Appellant Advocate(s)
- Syed Mohammad Abid
- Saurabh Gauba
Respondent Advocate(s)
- Dron Mishra
Official RERA Tribunal Orders (8)
The Tribunal dismissed the developer's appeal and ruled that AR Landcraft LLP must pay delay interest to allottees, execute supplementary deeds to correct property area discrepancies, refund mandatory club fees, and face potential penalties for fraudulent practices and statutory violations.
The Tribunal granted an adjournment to the appellant subject to a cost of Rs. 25,000/- payable to the respondent, noting previous penalties and allegations of harassment by the promoter.
The Tribunal accepted an undertaking from the appellant developer to hand over physical possession of the units to the respondents on or before 28.02.2025, after making them habitable.
The Tribunal noted the appellant's deposit of Rs. 39,68,722/- in compliance with Section 43(5) of the Act and granted the respondent 10 days to file objections to the condonation of delay application and grounds of appeal.
The Tribunal granted the Appellant 10 days to comply with Section 43(5) of the Act, warning that failure to do so will result in the dismissal of the defective appeal.
The Tribunal admitted the appeal and accepted the appellant's undertaking to reverse Advance Payment Rebate (APR) errors and execute a correction deed for the sub-lease deed to include the exclusive area. The Deputy Director of the Project is required to submit an affidavit confirming these undertakings.
The Tribunal granted a final adjournment to the appellant subject to a cost of Rs. 50,000 to be paid to the respondent and directed that possession of the unit be handed over free from all encumbrances, subject to the appeal's outcome.
The appellant requested and was granted time to deposit the balance amount required under Section 43(5) of the Act 2016, with the matter listed for hearing on the application for condonation of delay on 10.01.2025.
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